Judge appears skeptical of Trump suit against California

The Associated Press

Updated: June 21, 2018

State Sen. Kevin de Leon, D-Los Angeles, speaks at demonstration outside the federal courthouse where a federal judge will hear arguments over the U.S. Justice Department's request to block three California laws that extend protections to people in the country illegally, Wednesday, June 20, 2018, in Sacramento, Calif. De Leon authored SB54, one of the laws before the court.Rich Pedroncelli / AP

SACRAMENTO, Calif. — A U.S. judge appeared skeptical of some of the Trump administration’s key arguments for seeking to block three California laws intended to protect immigrants, questioning the scope of federal power over immigration during a lengthy court hearing on Wednesday.

Judge John Mendez warned at the end of the roughly five-hour session during which he pressed lawyers for both sides not to read too much into his questions, saying he sometimes played “devil’s advocate.”

But he told an attorney for the U.S. Department of Justice he was not convinced California enacted the protections in an effort to interfere with federal immigration enforcement — potentially undercutting one of the administration’s arguments.

“We’re not going along anymore, we’re not participating,” he said about how he read the state’s motives.

The hearing occurred amid scrutiny of the Trump administration’s “zero tolerance” policy against people crossing into the US illegally, resulting in the separation of more than 2,300 children from their parents since early May.

Outside the courthouse in California’s capital city, scores of people protested U.S. immigration policies, some carrying signs that said “Keep Families Together” and “Family Separation is UnAmerican.”

President Donald Trump signed an executive order Wednesday ending the separations but not the policy that prosecutes all adults caught crossing illegally.

California has been a leader in opposing Trump administration policies, filing more than 50 lawsuits, mostly over immigration and environmental decisions, and notching some significant court victories. The administration has fought back, sparring with the state’s Democratic leaders and criticizing their so-called sanctuary policies.

It sued California over the three laws in March — a move that Democratic Gov. Jerry Brown described as “going to war.”

One of the laws the U.S. is targeting requires the state to review detention facilities where immigrants are held. Another bars law enforcement from providing release dates and personal information of people in jail, and the third bars employers from allowing immigration officials on their premises unless the officials have a warrant.

California officials say their policies promote trust between immigrant communities and law enforcement. The administration says the state is allowing dangerous criminals on the street.

The federal government argues in its lawsuit that the U.S. Constitution gives it pre-eminent power to regulate immigration. State officials argue the administration is trying to assume powers that have long been understood to belong to states and cannot show that the state’s policies are causing harm.

Justice Department attorney Chad Readler told Mendez that it was clear the laws were passed to obstruct federal immigration enforcement.

“I’m not that clear and that convinced,” the judge responded.

Mendez, who was nominated to the bench by Republican President George W. Bush, did not rule.

Mendez asked an attorney for California, Christine Chuang, why the law on detention facility inspections was necessary and whether it discriminated against federal immigration authorities.

Chuang said the Legislature wanted to “shed some light on” a particular set of detention facilities.

Mendez also pressed Chuang about the law barring employers from allowing immigration officials on their premises unless the officials have a warrant.

“The statute really puts the employer between a rock and a hard place,” he said.

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